Can you collect unemployment if you are
fired for refusing to get the vaccine?
WANE-TV [Fort Wayne, IN],
by
Briana Brownlee
Original Article
Posted By: Ribicon,
8/24/2021 6:08:01 PM
Fort Wayne, Ind.—With more employers requiring employees to get the COVID-19 vaccine, there may be employees who refuse. If this results into the company letting the worker go, will the person be eligible for unemployment?
Samuel L. Bolinger, an attorney at the Law Office of Samuel L. Bolinger, told WANE 15’s Briana Brownlee, the answer is more than likely no. “The question is really, if the employer gives you a specific instruction or mandate to do and you decline and you are terminated for insubordination. Insubordination is one of the eight reasons you why you will not receive unemployment in the state of Indiana,” Bolinger said.
Reply 1 - Posted by:
Dodge Boy 8/24/2021 6:17:56 PM (No. 891281)
Before I retired three years ago, I had a corporate job for an international mining company. While the company required its employees to adhere to strict rules of business conduct, proving medical eligibility was forbidden. The company was a performance-based company. Our CEO expected a lot out of his team. But, never once did an employees medical condition become a condition of employment. although a security background check had more importance especially at my level as a corporate director. Today, the company focuses on covid protection measures. Personal hygiene. Common sense stuff. They aren't requiring people to be vaxxed, but, it is encouraged. Working remotely is common. The company and its board of directors are keeping things in proper perspective. No one is being threatened with loss of job if not vaxxed. It is hard enough as it is to attract and retain good people in this business. The company knows how its bread is buttered.
23 people like this.
Reply 2 - Posted by:
DVC 8/24/2021 6:42:56 PM (No. 891319)
Driving away employees will be a really bad business model. And how many prospective replacements will balk at hiring on with The Shot being mandated, as more and more begin to grasp that there are serious health risks from The Shot?
14 people like this.
Reply 3 - Posted by:
PlayItAgain 8/24/2021 6:54:14 PM (No. 891338)
If I drink too much at a bar - they overserve me - I can sue the bar if I get in trouble or hurt.
So, if I experience any debilitating side effects from the vaccine that my employer has mandated, should I not be able to sue my employer?
It seems that the vaccine immunizes Pfizer, and no one else.
21 people like this.
Reply 4 - Posted by:
czechlist 8/24/2021 7:34:02 PM (No. 891376)
Our Lords and Knights, and Gentry too, doe mean old fashions to forgoe:
They set a porter at the gate, that none must enter in thereat.
They count it a sin, when poor people come in.
Hospitality it selfe is drown'd.
Yet let's be content, and the times lament, you see the world turn'd upside down
8 people like this.
Reply 5 - Posted by:
Catherine 8/24/2021 8:07:13 PM (No. 891412)
I think I read at the beginning of all this disastrous stuff, that while pharmaceutical companies can't be sued for adverse reactions, the job that forced you to get the shot can. What if the company decided every woman must take birth control pills. What if they mandated it. Do they have the right to do that? No. Regular flu shots have never been mandated. This one shouldn't be either.
14 people like this.
Reply 6 - Posted by:
wilarrbie 8/24/2021 8:17:59 PM (No. 891418)
Bull puckey. It was not a condition of employment when you got the job. THEY introduce a demand on the employee that is NOT a LAW - so, the employee, through no fault of their own, is unwilling to meet a NEW company generated demand to REMAIN employed. No fault on employee part. What if my job required me to lift 20 pounds to get the job. I can and will and do lift 20 pounds. But now, the company says I will be required to lift 40 pounds. Maybe I can do that, but I would rather not. The company will not reassign me to a lighter weight lifting job, so I cannot work there anymore. Do I collect unemployment because I am unwilling to meet the NEW requirement?
22 people like this.
Reply 7 - Posted by:
BarryNo 8/24/2021 8:42:38 PM (No. 891430)
Slavery has returned to America, courtesy of the Democrats.
4 people like this.
Reply 8 - Posted by:
rochow 8/24/2021 9:11:06 PM (No. 891455)
So, if an employee is fired because her boss harassers her sexually, and he decides to fire her but officially states 'insubordination' can she collect???
2 people like this.
Reply 9 - Posted by:
NeverForget 8/24/2021 9:23:26 PM (No. 891468)
This attorney may well be right that those fired for refusing to get a Covid shot will be denied unemployment "benefits". But if so, it will be politics and not the law that drive that result.
Of course if you refuse to follow directions with regard to tasks within -- or even a little outside-- your job description you can be fired for insubotdination. Covid vaccines are.not part of anybody's work duties.
2 people like this.
Reply 10 - Posted by:
RuckusTom 8/24/2021 9:23:29 PM (No. 891469)
Illegal aliens can ... free healthcare, free education, single mothers with children, no federal taxes. Who cares about any vaccine?
2 people like this.
Reply 11 - Posted by:
wilarrbie 8/24/2021 9:31:55 PM (No. 891481)
Is having/getting the shot a condition of those currently collecting unemployment?
2 people like this.
Reply 12 - Posted by:
lakerman1 8/24/2021 10:32:47 PM (No. 891515)
In my 31 years as an arbitrator, I tried and decided many insubordination grievances. And I was well known by the parties to apply a somewhat military standard in defining insubordination.
First, there has to be an order that is not illegal nor unsafe, and related to the mission or function of the workplace..
Second, the order has to be clear and unconditional. It must be given a way understandable to the grievant. And the grievant, if he does not obey, understands there will be consequences to his decision.
Finally, the U.S. Department of Labor, in establishing the extra unemployment compensation because of the pandemic, had a clause that a person could not be denied unemployment compensation if the person acted based on fear of covid.
3 people like this.
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In Marxist America, it's a civil right to be an obnoxious flaming homosexual or a transgender man or woman, and everyone at work had better celebrate your behavior choices or be punished under federal anti-discrimination laws. But if as a rational person you opt out of a brand-new so-called vaccine that does not work, in theory against a disease few of us will get, and with nasty and sometimes lethal side effects, you can be fired and not even collect unemployment, in effect rendering the workers as slaves to whatever inducement FedGov offers employers to force this poison on us. Where are the supposed liberty-minded Republicans hiding? Aren't elections coming up?